JUDGMENT :

Meenakshi Madan Rai, J.

1. The Appellant assails the Judgment of the Learned Special Judge, Prevention of Corruption Act, 1988, East District, at Gangtok, dated 30-08-2016, in S.T. (CBI) Case No.01 of 2013, by which,

(a) the Respondent No.1, Dr. Pratap Makhija, (hereinafter “A1”) was acquitted of the offence under Sections 120B, 471 of the Indian Penal Code (for short, “IPC”) and Section 13(1)(d)(iii) of the Prevention of Corruption Act, 1988 (for short, “P. C. Act”);

(b) the Respondent No.2, Ramayana Singh Meena (hereinafter “A2”), was acquitted of the offence under Sections 420 and 120B of the IPC;

(c) the Respondent No.3, Surendra Mohan Sihara (hereinafter “A3”), was acquitted of the offence under Sections 420, 471 and 120B of the IPC;

(d) the Respondent No.4, Mukesh Kumar (hereinafter “A4”), was acquitted of the offence under Sections 420, 471 and 120B of the IPC; and

(e) the Respondent No.5, Tara Chand (hereinafter “A5”), was acquitted of the offence under Sections 197 and 120B of the IPC and Section 13(1)(d)(iii) of the P. C. Act.

2(i). The Special Public Prosecutor Mr. Kali Charan Mishra for the Appellant/Central Bureau of Investigation (CBI) advancing his arguments for